Section 1
Overview of the RTI Act, 2005
The Right to Information Act, 2005 is a landmark legislation that empowers citizens to access information under the control of public authorities. It promotes transparency and accountability in the working of the government and its agencies.
The Act extends to the whole of India (except Jammu and Kashmir) and came into force on 12 October 2005. It superseded the Freedom of Information Act, 2002.
Key Points About the RTI Act
- Enacted: 15 June 2005
- Came into Force: 12 October 2005
- Purpose: To promote transparency and accountability
- Applicability: All public authorities (Central, State, and local)
- Key Bodies: Central Information Commission (CIC), State Information Commissions (SICs)
Key Fact
The RTI Act applies to all public authorities, including government departments, public sector undertakings, and even NGOs that are substantially funded by the government. RTI Portal
Section 2
Key Provisions of the RTI Act
Important Sections
| Section |
Description |
| Section 2(f) |
Definition of "Information" - includes records, documents, memos, emails, opinions, etc. |
| Section 2(j) |
Right to Information - includes inspection of works, documents, records, etc. |
| Section 4 |
Obligation of public authorities to maintain records and proactively disclose information |
| Section 6 |
Procedure for making request for information (RTI application) |
| Section 7 |
Disposal of request - 30 days timeline for providing information |
| Section 8 |
Exemptions - categories of information that can be withheld |
| Section 11 |
Third party information - procedure for disclosing information relating to third parties |
| Section 12 |
Central Information Commission (CIC) - constitution and powers |
| Section 15 |
State Information Commissions (SICs) - constitution and powers |
| Section 18 |
Powers of Information Commissions - suo motu investigation |
| Section 19 |
Appeal mechanism - first appeal to senior officer, second appeal to Information Commission |
| Section 20 |
Penalties - for non-compliance, up to ₹25,000 per day (max ₹50,000) |
| Section 23 |
Bar on jurisdiction of courts - courts cannot interfere with Commission orders |
Tip: Section 2(f) defines "information" broadly to include any material in any form, including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, and data.
RTI Portal - Act
Section 3
How to File an RTI Application
Follow these steps to file an RTI application:
- Identify the Public Authority: Determine which public authority holds the information you need.
- Identify the CPIO: Find the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO) of the authority.
- Draft the Application: Write a clear and specific application seeking the information.
- Attach Fee: Attach the prescribed fee (₹10 for most central government authorities, varies by state).
- Submit Application: Submit the application to the CPIO/SPIO (online or offline).
- Receive Acknowledgment: Get acknowledgment of receipt of the application.
- Wait for Response: The CPIO must respond within 30 days (48 hours if life/liberty is involved).
- If Information is Not Received: File a first appeal before the Appellate Authority within 30 days.
- Second Appeal: If dissatisfied with the first appeal, file a second appeal before the Information Commission within 90 days.
Key Timeline
- Response Time: 30 days from receipt of application
- Life/Liberty Cases: 48 hours
- First Appeal: Within 30 days of non-receipt of response
- Second Appeal: Within 90 days of the first appeal order
- Commission Orders: Must be complied with within the specified time
Tip: You can file RTI applications online through the
RTI Online Portal for central government ministries and departments. For state governments, check their respective portals.
RTI Online
Section 4
Exemptions Under Section 8
The RTI Act exempts certain categories of information from disclosure under Section 8. These exemptions are to protect national security, privacy, and other important interests.
Section 8(1)(a): National security, sovereignty, integrity, and foreign relations
Section 8(1)(b): Contempt of court or breach of privilege
Section 8(1)(c): Information protected by parliamentary privileges
Section 8(1)(d): Commercial confidence, trade secrets, and intellectual property
Section 8(1)(e): Information related to fiduciary relationship
Section 8(1)(f): Information received in confidence from foreign governments
Section 8(1)(g): Information related to security and intelligence
Section 8(1)(h): Cabinet papers and decision-making process
Section 8(1)(i): Information that would cause breach of privilege
Section 8(1)(j): Personal information not related to public activity
Important: Exemptions under Section 8(1)(a) to (i) have a
public interest override - the information can be disclosed if the public interest outweighs the harm. However, Section 8(1)(j) has no public interest override.
RTI Act - Section 8
Section 5
Landmark Judgments on RTI
Narayan Reddy v. State of Karnataka
Court: Karnataka High Court
Held: The State Chief Information Commission has the suo motu power to direct public authorities to comply with the RTI Act. The Commission can act on its own motion.
Citation: 2025
Central Information Commission v. UIDAI
Court: Supreme Court of India
Held: The CIC's suo motu power under Section 18 of the RTI Act allows the Commission to initiate proceedings on its own to ensure compliance with the Act.
Reference: Supreme Court
Dinesh Trivedi v. Union of India
Court: Supreme Court of India
Held: The right to information is a fundamental right under Article 19(1)(a) of the Constitution. The RTI Act is a statutory embodiment of this right.
Citation: AIR 1997 SC
State of U.P. v. Raj Narain
Court: Supreme Court of India
Held: The right to information is part of the fundamental right to freedom of speech and expression. Citizens have the right to know about the functioning of the government.
Citation: AIR 1975 SC 865
Rakesh Shukla v. State of U.P.
Court: Allahabad High Court
Held: Information that has been disclosed through proper channels is not exempt under the RTI Act. Transparency should be the norm.
Reference: High Court Ruling
Key Legal Principle
The Supreme Court has consistently held that the right to information is a fundamental right flowing from Article 19(1)(a) of the Constitution. The RTI Act is a tool to enforce this right and promote transparency. Supreme Court Judgments
Section 6
RTI Fee Structure
| Particular |
Fee (Central Government) |
Fee (State Governments) |
| Application Fee |
₹10 |
Varies (₹10-₹50) |
| Additional Fee (Information) |
₹2 per page (A4 size) |
Varies by state |
| Large Size Documents |
Actual cost of reproduction |
Actual cost |
| Inspection Fee |
No fee for first hour |
Varies by state |
| CD/DVD |
₹50 |
Varies by state |
| BPL Applicants |
Exempt (no fee) |
Exempt (no fee) |
Tip: BPL (Below Poverty Line) applicants are exempt from all fees under the RTI Act. Submit proof of BPL status with your application.
RTI Fee Guidelines
Section 7
Practical Tips for Filing RTI
Be Specific: Clearly state the information you need. Vague requests are often rejected.
Refer to Records: If possible, mention specific documents, file numbers, or dates to help the CPIO locate the information.
Use the Right Format: File on plain paper or use the prescribed format. No need for stamp paper.
Pay Correct Fee: Attach the correct application fee (₹10 for central government) to avoid rejection.
Get Acknowledgment: Always get acknowledgment of receipt of your application.
Follow Up: If you don't receive a response within 30 days, file a first appeal immediately.
Keep Copies: Keep copies of all correspondence for your records.
Use Online Portal: For central government departments, use the
RTI Online Portal for easy tracking.
Know Your Rights: Familiarize yourself with the RTI Act provisions, especially exemptions and appeal mechanism.
Seek Legal Help: If your appeal is rejected, consult a lawyer or approach the Information Commission.
Pro Tip: For state government RTI applications, check the respective state's RTI portal. For Telangana, use the
Telangana RTI Portal for online filing.
Telangana RTI
Section 9
Frequently Asked Questions
1. What is the RTI Act, 2005?
The Right to Information Act, 2005 is a landmark legislation that empowers citizens to access information under the control of public authorities. It promotes transparency and accountability in the working of the government and its agencies.
2. Who can file an RTI application?
Any citizen of India can file an RTI application. The Act does not apply to non-citizens. There is no age limit or other restriction.
3. What is the time limit for responding to an RTI application?
The CPIO must respond within 30 days from the date of receipt of the application. In cases involving life and liberty, the response must be given within 48 hours.
4. What is the fee for filing an RTI application?
For central government authorities, the application fee is ₹10. Additional fees apply for information (₹2 per page). BPL applicants are exempt from all fees. State government fees vary.
5. What information can be withheld under the RTI Act?
Section 8 of the Act provides exemptions, including national security, trade secrets, personal privacy, and cabinet papers. Some exemptions have a public interest override.
6. What is the appeal process under the RTI Act?
If you do not receive a response or are dissatisfied, you can file a first appeal within 30 days to the Appellate Authority. If still dissatisfied, file a second appeal within 90 days to the Information Commission (CIC or SIC).
7. Can I file an RTI application online?
Yes, for central government authorities, you can file online through the
RTI Online Portal . Many states also have their own online portals.
8. What is the penalty for non-compliance under the RTI Act?
Under Section 20, the Information Commission can impose a penalty of ₹250 per day (up to ₹25,000) for unreasonable delay in providing information. In case of malafide denial, the penalty can be up to ₹50,000.
9. Can I seek information about private bodies under the RTI Act?
Yes, if the private body is substantially funded by the government or is a public authority under the Act. NGOs and private companies receiving government funds can be covered.
10. What is the role of the Information Commission?
The Information Commission (Central or State) is the appellate authority for RTI cases. It hears second appeals, has the power to summon public authorities, impose penalties, and direct the disclosure of information.
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RTI Portal .